4.2 Scope. The information contained in this chapter applies to cases of trespass and adverse claims on all Service lands.
4.3 Trespass and Adverse Claims. Trespass is defined as unlawfully entering upon the lands of the Service. Trespass may occur for the purpose of committing an unlawful act, to attempt to establish a claim to Federal (Service) lands, or as a result of ownership or boundary disputes.
A. Timber Trespass. Most cases of illegal timber removal result from boundary disputes or a question of land ownership in which case Realty shall assist in solving the problem. The Regional Director will determine the proper course to follow. If necessary, such cases should be referred to the Regional Solicitor for guidance in disposing of the claim.
B. Unauthorized Buildings. Occasionally private buildings are illegally constructed on Service lands. Such incidents should be referred to the Regional Solicitor and a course of action recommended as soon as such buildings are discovered.
C. Adverse Claims. Adverse claims usually occur in connection with questions on the location of unit boundaries. This problem emphasizes the need for a determination of unit boundaries by an accurate survey, the proper documenting of corners and posting of boundary lines, a knowledge of the boundaries by the project leader, with periodic inspection of monumenting and posting, and prompt action by the manager upon discovery of an encroachment or unauthorized use. An adverse claim may develop from A or B above. Where adverse claims develop, a preliminary examination should be made and the facts reported to the Regional or Field Solicitor. No commitments as to boundary locations should be made to the claimants until the final action of the Regional Director has been completed.
Realty should provide the title evidence and any other documentation as to why the lands in question belong to the United States.
D. Adverse Possession. Adverse possession may be defined as the open, notorious, hostile, continuous, and exclusive possession of real property under an evident claim or color of title. Adverse possession over a period of years as specified by State law vests title in the adverse claimant; however, adverse possession does not apply to the lands of the United States unless it can be shown that such possession was against a former owner before the property was acquired by the United States.
Realty should provide the title evidence and any other documentation as to why the lands in question belong to the United States.